53060-53087.6
GOVERNMENT CODE
SECTION 53060-53087.6
53060. The legislative body of any public or municipal corporation
or district may contract with and employ any persons for the
furnishing to the corporation or district special services and advice
in financial, economic, accounting, engineering, legal, or
administrative matters if such persons are specially trained and
experienced and competent to perform the special services required.
The authority herein given to contract shall include the right of
the legislative body of the corporation or district to contract for
the issuance and preparation of payroll checks.
The legislative body of the corporation or district may pay from
any available funds such compensation to such persons as it deems
proper for the services rendered.
53060.1. (a) It is the intent of the Legislature in enacting this
section, to provide a uniform limit on the retirement benefits for
the members of the legislative bodies of all political subdivisions
of the state, including charter cities and charter counties. The
Legislature finds and declares that uneven, conflicting, and
inconsistent retirement benefits for legislative bodies distort the
statewide system of intergovernmental finance. The Legislature
further finds and declares that the inequities caused by these
problems extend beyond the boundaries of individual public agencies.
Therefore, the Legislature finds and declares that these problems
are not merely municipal affairs or matters of local interest and
that they are truly matters of statewide concern that require the
direct attention of the state government. In providing a uniform
limit on the retirement benefits for the legislative bodies of all
political subdivisions of the state, the Legislature has provided a
solution to a statewide problem that is greater than local in its
effect.
(b) Notwithstanding any other provision of law, the retirement
benefits of any member of a legislative body of any city, including a
charter city, county, including a charter county, city and county,
special district, school district, or any other political subdivision
of the state shall be no greater than that received by nonsafety
employees of that public agency. In the case of agencies with
different benefit structures, the benefits of members of the
legislative body shall not be greater than the most generous schedule
of benefits being received by any category of nonsafety employees.
(c) Notwithstanding any other provision of law, members of the
legislative body of a city, including a charter city, county,
including a charter county, city and county, special district, school
district, or any other political subdivision of the state shall not
be eligible to accrue multiple retirement benefits greater than the
most generous schedule of benefits being received by any category of
nonsafety employees from two or more public agencies for concurrent
service except in the case of a member who serves as a regular
full-time employee in a separate public agency.
(d) This section shall be applicable to any member of a
legislative body whose first service commences on and after January
1, 1995.
53060.3. (a) Every employee of a local agency has the right to
inspect personnel records pursuant to Section 1198.5 of the Labor
Code.
(b) As used in this section:
(1) "City" means any city or municipal corporation, whether
general law city or charter city.
(2) "County" means any county, whether general law county or
charter county, including a city and county.
(3) "Local agency" means any city, county, city and county,
special district, authority, community redevelopment agency, or other
political subdivision of the state.
53060.5. The term "district," as used in this section, means a
district, public authority, public agency, and any other political
subdivision or public corporation in the state, but does not include
the state or a county, city and county, or city.
Any district, directly or through a representative, may attend the
Legislature or any other legislative body, including Congress, and
any committees thereof and present information to aid the passage of
legislation which the district deems beneficial to the district or to
prevent the passage of legislation which the governing board of the
district deems detrimental to the district. The cost and expense
incident thereto are proper charges against the district. Such
districts may enter into and provide for participation in the
business of associations and through a representative of the
associations attend the Legislature, or any other legislative body,
including Congress, and any committees thereof, and present
information to aid the passage of legislation which the association
deems beneficial to the districts in the association, or to prevent
the passage of legislation which the association deems detrimental to
the districts in the association. The cost and expense incident
thereto are proper charges against the districts comprising the
association.
Each member of the district board engaging in such activities on
behalf of the district shall be allowed eleven cents ($0.11) per
mile, without any constructive mileage, for his expenses of traveling
necessarily done by automobile, and his actual traveling expenses
when he travels by public conveyance.
53060.7. (a) The Legislature hereby finds and declares the
following:
(1) That police protection is an essential service for the
protection of life and property and necessary to ensure the orderly
conduct of society.
(2) Cities and counties have been the traditional law enforcement
providers in the state.
(3) Some special districts have been granted statutory
authorization to perform police protection activities. These
districts include the Bear Valley Community Services District, the
Broadmoor Police Protection District, the Kensington Police
Protection and Community Services District, the Lake Shastina
Community Services District, and the Stallion Springs Community
Services District.
(4) These districts are authorized to perform the same police
protection duties and functions as cities and counties.
(5) These districts wholly supplant the law enforcement functions
of the county within the jurisdiction of that district.
(6) These districts employ peace officers, as described in Section
830.1 of the Penal Code, who are certified as meeting those
standards and requirements adopted pursuant to Article 2 (commencing
with Section 13510) of Chapter 1 of Title 4 of Part 4 of the Penal
Code.
(7) These districts are eligible to receive state funding pursuant
to the following:
(A) Section 30061 (Citizen's Option for Public Safety Program
(COPS)).
(B) Section 29550.4 (booking fee reimbursement).
(C) Item 9210-106-0001 of the Budget Act of 2001 (technology
grants).
(b) The Legislature hereby recognizes the importance of the
agencies identified in subdivision (a) in performing essential police
protection services within these agencies' respective communities
and, in enacting laws, shall attempt to encourage funding equity
among all local law enforcement agencies for public safety purposes.
53061. The legislative body of a city, county, or fire protection
district may expend money for the payment of contributions to a
retirement system authorized to do business in the State for
retirement benefits to volunteer or paid firemen of the fire
department. For the purposes of determining such contributions the
compensation of such firemen shall be either the compensation
actually paid or that provided by Section 4458 of the Labor Code,
whichever is greater. The legislative body may by ordinance provide
for the conditions of retirement and may contract with such
retirement system as provided in the ordinance. The authority granted
by this section shall not be construed as a limitation on any powers
heretofore or hereafter granted to the legislative body of a city,
county, or fire protection district to provide for the retirement of
volunteer or paid firemen.
53062. Whenever any notice or other communication is required by
law to be mailed by registered mail to or by any county, city or
district, or any officer or agency thereof, the mailing of such
notice or other communication by certified mail shall be deemed to be
a sufficient compliance with the requirements of such law.
53063. Any county, city, city and county, district, authority or
other public corporation or agency which has the power to produce,
conserve, control or supply water for beneficial purposes shall have
the power to engage in practices designed to produce, induce,
increase or control rainfall or other precipitation for the general
benefit of the territory within it.
53064. Notwithstanding any other provision of law, in the event
there are two or more identical lowest or highest bids, as the case
may be, submitted to a local agency for the purchase, sale, or lease
of real property, supplies, materials, equipment, services, bonds, or
the awarding of any contract, pursuant to a provision requiring
competitive bidding, the local agency may determine by lot which bid
shall be accepted. "Local agency" shall include any city, county,
city and county, or public district.
53064.5. No local agency furnishing water for residential use to a
tenant shall seek to recover any charges or penalties for the
furnishing of water to or for the tenant's residential use from any
subsequent tenant on account of nonpayment of charges by a previous
tenant. The local agency may, however, require that service to
subsequent tenants be furnished on the account of the landlord or
property owner.
53065. The provisions of law (except Section 25256 of this code)
relating to budgets and other fiscal matters except borrowing which
apply to counties shall also apply to any district, whose governing
body is the board of supervisors or for which county fiscal officers
are ex officio fiscal officers, except that this section shall not
apply:
(a) To school districts;
(b) To districts including two or more counties;
(c) Where such matters are otherwise provided by law.
53065.5. Each special district, as defined by subdivision (a) of
Section 56036, shall, at least annually, disclose any reimbursement
paid by the district within the immediately preceding fiscal year of
at least one hundred dollars ($100) for each individual charge for
services or product received. "Individual charge" includes, but is
not limited to, one meal, lodging for one day, transportation, or a
registration fee paid to any employee or member of the governing body
of the district. The disclosure requirement shall be fulfilled by
including the reimbursement information in a document published or
printed at least annually by a date determined by that district and
shall be made available for public inspection.
53066. (a) Any city or county or city and county in the State of
California may, pursuant to such provisions as may be prescribed by
its governing body, authorize by franchise or license the
construction of a community antenna television system. In connection
therewith, the governing body may prescribe such rules and
regulations as it deems advisable to protect the individual
subscribers to the services of such community antenna television
system.
(b) The award of the franchise or license may be made on the basis
of quality of service, rates to the subscriber, income to the city,
county or city and county, experience and financial responsibility of
the applicant plus any other consideration that will safeguard the
local public interest, rather than a cash auction bid.
(c) The maximum franchise fee for any franchise or license
hereafter awarded pursuant to this section or pursuant to any
ordinance adopted under authority of this section by any city or
county or city and county shall be 5 percent of the grantee's gross
receipts from its operations within such city or county or city and
county. Intrastate telecommunications services subject to taxation
under Part 22 (commencing with Section 44000) of Division 2 of the
Revenue and Taxation Code shall not be included, prior to July 1,
1988, in the gross receipts subject to any cable television franchise
fee.
(d) Any cable television franchise or license awarded by a city or
county or city and county pursuant to this section may authorize the
grantee thereof to place wires, conduits and appurtenances for the
community antenna television system along or across such public
streets, highways, alleys, public properties, or public easements of
said city or county or city and county. Public easements, as used in
this section, shall include but shall not be limited to any easement
created by dedication to the city or county or city and county for
public utility purposes or any other purpose whatsoever.
(e) No person may commence the construction of a cable television
system without a franchise or license granted by the city, county, or
city and county in which the cable television system will operate.
53066.01. Notwithstanding the provisions of Section 53066, with
respect to any franchise which becomes effective on or after January
1, 1984, the initial franchise fee payment shall not be paid or be
made payable in advance for any period of operation which occurs more
than 12 months following the date upon which initial payment is
made, except that in the case of a joint powers agency which includes
a county, or any portion thereof, and one or more cities, formed for
purposes of issuing and administering one or more cable television
franchises for a community antenna system in an area comprising more
than 300,000 households, there may be an advance payment of franchise
fees for purposes of the initial preparation, execution,
administration, and supervision of the franchise documents and
construction of the community antenna system, which payment shall not
exceed eight hundred thousand dollars ($800,000).
Any advance payment of a franchise fee shall be credited against a
franchise fee which subsequently becomes payable. No payment of
franchise fees, other than the initial payment, may be made in
advance.
53066.2. (a) In awarding a cable television franchise pursuant to
Section 53066, a city, county, or city and county shall assure that
access to cable service is not denied to any group of potential
residential cable subscribers because of the income of the residents
of the local area in which the group resides.
(b) Nothing in subdivision (a) authorizes a city, county, or city
and county to require a cable operator to build a line extension to a
home which may be too remote and where the cost to wire is
substantially above the average cost of providing cable television
service in that community.
(c) Any city, county, or city and county may consider that a
franchise is abandoned and may take appropriate action, including
revocation of a franchise agreement, after notice and an opportunity
for hearing has been given to the franchisee, if it reasonably
determines that the franchise has denied cable service to a group of
residents because of the income of the residents of the local area in
which the group resides in violation of subdivision (a).
53066.3. (a) If a city, county, or city and county elects to grant
an additional cable television franchise in an area where a franchise
has already been granted to a cable television operator, it shall do
so only after a public hearing noticed pursuant to Section 6066, in
a newspaper of general circulation as defined in Section 6000, where
all of the following have been considered:
(1) Whether there will be significant positive or negative impacts
on the community being served.
(2) Whether there will be an unreasonable adverse economic or
aesthetic impact upon public or private property within the area.
(3) Whether there will be an unreasonable disruption or
inconvenience to existing users, or any adverse effect on future use,
of utility poles, public easements, and the public rights-of-way
contrary to the intent of Section 767.5 of the Public Utilities Code.
(4) Whether the franchise applicant has the technical and
financial ability to perform.
(5) Whether there is any impact on the franchising authority's
interest in having universal cable service.
(6) Whether other societal interests generally considered by
franchising authorities will be met.
(7) Whether the operation of an additional cable television system
in the community is economically feasible.
(8) Such other additional matters, both procedural and
substantive, as the franchising authority may determine to be
relevant.
(b) Nothing in this section prevents any city, county, or city and
county from considering the approval or denial of an additional
cable service franchise in any area of the city, county, or city and
county, subject to compliance with subdivision (d), or the imposing
of additional terms and conditions upon the granting of the
franchise, as the city, county, or city and county determines is
necessary or appropriate.
(c) The city, county, or city and county shall make a final
determination as to whether to grant the additional franchise within
six months of the application date unless the jurisdiction can
establish that the applicant has unreasonably delayed proceedings
designed to consider the matters set forth in paragraphs (1) to (8),
inclusive, of subdivision (a).
(d) Any additional franchise granted to provide cable television
service in an area in which a franchise has already been granted and
where an existing cable operator is providing service or certifies to
the franchising authority that it is ready, willing, and able to
provide service, shall require the franchisee to wire and serve the
same geographical area within a reasonable time and in a sequence
which does not discriminate against lower income or minority
residents, and shall contain the same public, educational, and
governmental access requirements that are set forth in the existing
franchise. This subdivision does not apply where all existing cable
operators certify to the franchising authority that they do not
intend to provide service within a reasonable time to the area to be
initially served by the additional franchise.
53066.4. Every cable television system operating under a franchise
or license awarded pursuant to Section 53066 shall, by July 1, 1984,
and thereafter, offer to make a lockbox available to each of its
subscribers. The monthly service charge for a lockbox shall not
exceed fifty cents ($0.50), except that on January 1, 1985, and
annually thereafter, the maximum monthly service charge shall be
increased by an amount equal to the percentage increase in the
Consumer Price Index.
A city, county, or city and county is not precluded by this or any
other provision of law from requiring, as a condition to the
granting of a franchise, that a cable television system make
lockboxes available to subscribers without charge.
For purposes of this section, a "lockbox" is a parental control
device, either in the form of a separate unit or incorporated into a
descrambler or other piece of equipment used to provide cable
television service, which is made operational by a key or by a code,
and which enables the subscriber to prevent the viewing of any pay
channel offering adult programming.
53066.5. Unless a cable television system operating under a
franchise granted pursuant to Section 53066 incorporates technology
to prevent unwanted reception of audio and video signals from
occurring under normal operating conditions, the system shall provide
a written statement to all new subscribers advising them that audio
or video signals, or both, may be present on certain channels to
which they do not subscribe.
53067. (a) The Legislature finds and declares the following:
(1) That trees and other woody plants respond in specific and
predictable ways to pruning and other maintenance practices.
(2) That careful scientific studies indicate that arboriculture
practices including, but not limited to, "topping" are often
misunderstood and misapplied.
(3) That the results of the 1988 California urban forestry survey
prepared by Plant Science and Research for the California Department
of Forestry and Fire Protection's Urban Forestry Program summarizes
that an estimated 5.9 million street trees are managed by California
cities of which approximately 30 percent of the cities and 20
counties do not have tree ordinances of any kind. That in 1988 an
estimated one hundred nine million dollars ($109,000,000) statewide
was spent on municipal tree maintenance, less than 1 percent of most
city and county budgets, with an average of sixteen dollars and 82
cents ($16.82) per street and park tree per year and an average of
four dollars and 68 cents ($4.68) per resident per year. California's
city governments support urban forestry. Support for tree programs
is highest in communities where citizens are involved.
Conclusions of the urban forestry survey state that most cities
need an aggressive tree planting program to maintain tree densities
at current levels, to keep pace with urban growth, increase species
diversity, maintain the health and vigor of their trees, and put more
effort into long-term master planning of urban forests. To derive
the maximum ecological benefit from the urban forest, the current
trend towards planting smaller trees will need to be reversed.
Counties lag far behind cities in urban forestry efforts. Most tree
programs need to put greater emphasis on educating the public on the
benefits the urban forest provides. A healthy flourishing urban
forest cannot be developed and maintained without foresight, proper
care, and good management.
(4) That the California Department of Forestry and Fire Protection
Guidelines for Developing and Evaluating Tree Ordinances 1991
publications states that an ordinance shall be developed for the
purpose of prohibiting topping of public and private trees. Topping
is the practice of cutting back large diameter branches of a mature
tree to stubs and is a particularly destructive pruning practice. It
is stressful to mature trees, and may result in reduced vigor,
decline, or even death of trees. In addition, new branches that form
below the cuts are only weakly attached to the tree and are in danger
of splitting out. Topped trees require constant maintenance to
prevent this from happening and it is often impossible to restore the
structure of the tree crown after topping. Unfortunately many people
believe that topping is a proper way to prune a tree, and this
destructive practice is prevalent in some communities.
(5) That in an effort to promote practices that encourage the
preservation of tree structure, and public safety and health, these
standards developed through careful scientific studies by leading
industry consultants, United States Department of Forestry
scientists, and professors of horticulture and plant pathology, are
recognized standards by the Department of Parks and Recreation,
California Department of Forestry and Fire Protection, University of
California Co-operative Extension Farm advisers, the National
Arborist Association, the International Society of Arboriculture,
American Forestry Association, and numerous tree planting and
preservation organizations throughout the state and nation.
(6) That those standards are working guidelines, recognizing that
trees are individually unique in form and structure and that their
pruning or maintenance needs may not always fit strict rules.
(7) That the International Society of Arboriculture founded in
1924 with over 21 chapters throughout the world publishes the monthly
Journal of Arboriculture which is devoted to the dissemination of
knowledge in the science and art of growing and maintaining shade and
ornamental trees. The Journal of Arboriculture, March 1988, Volume
14, No. 3, page 76, states that properly trimmed trees not only
require less manhours on their next cycle but some may not even need
trimming. This conclusion was based on a study performed at Delmarva
Power in Maryland during the 1982-84 trim cycles. Results indicate a
25 percent reduction in work force and a 7.4 percent reduction in
costs in the first three years.
(8) That the use of proper tree maintenance techniques benefits
the public because of reduced costs, reduced hazards, reduced public
liability, protection from premature decline or death (conserving
energy reducing carbon dioxide and ozone, absorbing particulate
matter, producing more oxygen by increasing canopy spread, reduction
in wind speed, reducing noise pollution, increasing real property
values, enhancing visual and aesthetic qualities that attract
visitors and businesses, serve as a source of community image and
pride by providing maximum shade and canopy cover). As canopy cover
increases the public benefits increase.
(9) (A) The Legislature's findings recognize that topping of trees
is a widespread misunderstood consumer request and this form of
pruning detracts from public benefits including, but not limited to,
safety and property values, and causes premature decline, death,
disease, insects, woodrot, and increased maintenance costs. These
findings also recognize that a great number of personnel performing
maintenance on trees unknowingly and unintentionally produce
irreversible harm.
(B) The Legislature finds that nonregulated commercial tree
service firms that advertise topping are widespread among commercial
advertising including the yellow pages, but not limited to newspaper
advertising, and that millions of dollars have been spent topping
trees including publicly owned trees.
(C) The Legislature finds that modern techniques utilized by
certified arborists through scientific study and continued education
are of value and benefit to the citizens of California and to all who
care for our resources.
(b) Notwithstanding any other provision of law, the California
Department of Forestry and Fire Protection through Sections 4799.06
to 4799.12, inclusive, of the Public Resources Code, shall to the
extent possible, furnish to every public agency, including the state,
but not limited to, a city and county, school district, or community
college district copies of these publications as listed: Western
Chapter International Society of Arboriculture Pruning Standards,
California Department of Parks and Recreation specifications for
pruning trees, and National Arborist Association Standards of pruning
shade trees.
53068. Any local agency, as defined in Section 54951 of the
Government Code, which seeks to enter a contract that requires the
letting of bids, shall specify in the public notice the place such
bids are to be received and the time by which they shall be received.
Any bids received by such local agency after the time specified in
the notice shall be returned unopened.
53069. In any agreement entered into whereby any city, county, city
and county, or local agency obtains a grant of easement, lease,
license, right-of-way or right-of-entry, the city, county, city and
county or agency entering into the agreement may agree to indemnify
and hold harmless the grantor, lessor, or licensor and may agree to
repair or pay for any damage proximately caused by reason of the uses
authorized by such easement, lease, license, right-of-way, or
right-of-entry agreement. "Local agency" shall include any public
district, public corporation, or other political subdivision of the
state.
53069.3. (a) A city, county, or city and county may enact an
ordinance to provide for the use of city or county funds to remove
graffiti or other inscribed material from publicly or privately owned
real or personal property located within the city, county, or city
and county and to replace or repair public or privately owned
property within that city, county, or city and county that has been
defaced with graffiti or other inscribed material that cannot be
removed cost effectively.
(b) The ordinance shall authorize only the removal of the graffiti
or other inscribed material itself, or, if the graffiti or other
inscribed material cannot be removed cost effectively, the repair or
replacement of the portion of the property that was defaced, and not
the painting, repair, or replacement of other parts of the property
that were not defaced.
(c) (1) The removal, repair, or replacement may be performed, in
the case of publicly owned real or personal property, only after
securing the consent of the public entity having jurisdiction over
the property, and in the case of privately owned real or personal
property, only after securing the consent of the owner or possessor.
(2) The law enforcement agency with primary jurisdiction in a
city, county, or city and county that enacts an ordinance pursuant to
this section may promulgate procedures for preremoval preservation
of sufficient evidence of the graffiti or other inscribed material
for criminal prosecutions or proceedings pursuant to Section 602 of
the Welfare and Institutions Code pertaining to the person or persons
who inscribed the graffiti or other material. These procedures shall
be followed by the city, county, or city and county prior to or
during removal of graffiti or other inscribed material.
(d) (1) If a city enacts an ordinance pursuant to this section,
the city may also enact an ordinance to establish a procedure
pursuant to Section 38772, 38773, 38773.1, 38773.2, 38773.5, or
38773.6 to recover city funds used pursuant to this section to remove
graffiti or other inscribed material from publicly or privately
owned real or personal property within the city.
(2) If a county enacts an ordinance pursuant to this section, the
county may enact an ordinance to establish a procedure pursuant to
Section 25845 to recover county funds used pursuant to this section
to remove graffiti or other inscribed material from publicly or
privately owned real or personal property within the county.
(3) As used in this section, "city or county funds" include, but
are not limited to, court costs, attorney's fees, costs of removal of
the graffiti or other inscribed material, costs of repair and
replacement of defaced property, costs of administering and
monitoring the participation of a defendant and his or her parents or
guardians in a graffiti abatement program, and the law enforcement
costs incurred by the city or county in identifying and apprehending
the person who created, caused, or committed the graffiti or other
inscribed material on the publicly or privately owned permanent real
or personal property within the city or county.
(e) As used in this section, "graffiti or other inscribed material"
includes any unauthorized inscription, word, figure, mark, or design
that is written, marked, etched, scratched, drawn, or painted on any
real or personal property.
(f) This section does not preclude the abatement of graffiti or
other inscribed material as a nuisance pursuant to Section 25845 or
38773.5 or the enactment or enforcement of any criminal law with
respect to nuisance.
53069.4. (a) (1) The legislative body of a local agency, as the
term "local agency" is defined in Section 54951, may by ordinance
make any violation of any ordinance enacted by the local agency
subject to an administrative fine or penalty. The local agency shall
set forth by ordinance the administrative procedures that shall
govern the imposition, enforcement, collection, and administrative
review by the local agency of those administrative fines or
penalties. Where the violation would otherwise be an infraction, the
administrative fine or penalty shall not exceed the maximum fine or
penalty amounts for infractions set forth in subdivision (b) of
Section 25132 and subdivision (b) of Section 36900.
(2) The administrative procedures set forth by ordinance adopted
by the local agency pursuant to paragraph (1) shall provide for a
reasonable period of time, as specified in the ordinance, for a
person responsible for a continuing violation to correct or otherwise
remedy the violation prior to the imposition of administrative fines
or penalties, when the violation pertains to building, plumbing,
electrical, or other similar structural or zoning issues, that do not
create an immediate danger to health or safety.
(b) (1) Notwithstanding the provisions of Section 1094.5 or 1094.6
of the Code of Civil Procedure, within 20 days after service of the
final administrative order or decision of the local agency is made
pursuant to an ordinance enacted in accordance with this section
regarding the imposition, enforcement or collection of the
administrative fines or penalties, a person contesting that final
administrative order or decision may seek review by filing an appeal
to be heard by the superior court, where the same shall be heard de
novo, except that the contents of the local agency's file in the case
shall be received in evidence. A proceeding under this subdivision
is a limited civil case. A copy of the document or instrument of the
local agency providing notice of the violation and imposition of the
administrative fine or penalty shall be admitted into evidence as
prima facie evidence of the facts stated therein. A copy of the
notice of appeal shall be served in person or by first-class mail
upon the local agency by the contestant.
(2) The fee for filing the notice of appeal shall be as specified
in Section 70615. The court shall request that the local agency's
file on the case be forwarded to the court, to be received within 15
days of the request. The court shall retain the fee specified in
Section 70615 regardless of the outcome of the appeal. If the court
finds in favor of the contestant, the amount of the fee shall be
reimbursed to the contestant by the local agency. Any deposit of the
fine or penalty shall be refunded by the local agency in accordance
with the judgment of the court.
(3) The conduct of the appeal under this section is a subordinate
judicial duty that may be performed by traffic trial commissioners
and other subordinate judicial officials at the direction of the
presiding judge of the court.
(c) If no notice of appeal of the local agency's final
administrative order or decision is filed within the period set forth
in this section, the order or decision shall be deemed confirmed.
(d) If the fine or penalty has not been deposited and the decision
of the court is against the contestant, the local agency may proceed
to collect the penalty pursuant to the procedures set forth in its
ordinance.
53069.5. A local agency, as defined in Section 54951, may offer and
pay a reward, the amount thereof to be determined by the local
agency, for information leading to the determination of the identity
of, and the apprehension of, any person whose willful misconduct
results in injury or death to any person or who willfully damages or
destroys any property.
Any person whose willful misconduct has resulted in injury or
death to any student or any person employed by or performing
volunteer services for a local agency or who has willfully damaged or
destroyed any property of a local agency or any property of any
other local agency or state or federal agency located within the
boundaries of the local agency shall be liable for the amount of any
reward paid pursuant to this section and if he is an unemancipated
minor his parent or guardian shall also be liable for the amount.
53069.6. Each local agency, as defined in Section 54951, shall take
all practical and reasonable steps to recover civil damages for the
negligent, willful, or unlawful damaging or taking of property of the
local agency, including the institution of appropriate legal action.
53069.65. Whenever the state or a city, or a county, or any other
legally authorized local governmental entity with jurisdictional
boundaries reports the presence of a person who is suspected of being
present in the United States in violation of federal immigration
laws to the Attorney General of California, that report shall be
transmitted to the United States Immigration and Naturalization
Service. The Attorney General shall be responsible for maintaining
on-going and accurate records of such reports, and shall provide any
additional information that may be requested by any other government
entity.
53069.7. A local agency, as defined in Section 54951, may offer and
pay a reward, the amount thereof to be determined by the local
agency, to any person who comes to the aid of any peace officer of
the local agency or who furnishes information leading to the arrest
and conviction of any person or persons killing or assaulting with a
deadly weapon or inflicting serious bodily harm upon a peace officer
of the local agency while such officer is acting in the line of duty.
53069.75. In order to comply with state law requirements mandated
by Section 3753 of Title 42 of the United States Code, which bases
eligibility of federal grants under the Omnibus Control and Safe
Streets Act, no local law shall prohibit a peace officer or custodial
officer from identifying and reporting to the United States
Immigration and Naturalization Service any person, pursuant to
federal law or regulation, to whom both of the following apply:
(a) The person was arrested and booked, based upon the arresting
officer's probable cause to believe that the person arrested had
committed a felony.
(b) After the arrest and booking in subdivision (a), the officer
reasonably suspects that the person arrested has violated the civil
provisions of the federal immigration laws.
53069.8. (a) The board of supervisors of any county may contract on
behalf of the sheriff of that county, and the legislative body of
any city may contract on behalf of the chief of police of that city,
to provide supplemental law enforcement services to:
(1) Private individuals or private entities to preserve the peace
at special events or occurrences that happen on an occasional basis.
(2) Private nonprofit corporations that are recipients of federal,
state, county, or local government low-income housing funds or
grants to preserve the peace on an ongoing basis.
(3) Private entities at critical facilities on an occasional or
ongoing basis. A "critical facility" means any building, structure,
or complex that in the event of a disaster, whether natural or
manmade, poses a threat to public safety, including, but not limited
to, airports, oil refineries, and nuclear and conventional fuel
powerplants.
(b) Contracts entered into pursuant to this section shall provide
for full reimbursement to the county or city of the actual costs of
providing those services, as determined by the county auditor or
auditor-controller, or by the city, as the case may be.
(c) (1) The services provided pursuant to this section shall be
rendered by regularly appointed full-time peace officers, as defined
in Section 830.1 of the Penal Code.
(2) Notwithstanding paragraph (1), services provided in connection
with special events or occurrences, as specified in paragraph (1) of
subdivision (a), may be rendered by Level I reserve peace officers,
as defined in paragraph (2) of subdivision (a) of Section 830.6 of
the Penal Code, who are authorized to exercise the powers of a peace
officer, as defined in Section 830.1 of the Penal Code, if there are
no regularly appointed full-time peace officers available to fill the
positions as required in the contract.
(d) Peace officer rates of pay shall be governed by a memorandum
of understanding.
(e) A contract entered into pursuant to this section shall
encompass only law enforcement duties and not services authorized to
be provided by a private patrol operator, as defined in Section
7582.1 of the Business and Professions Code.
(f) Contracting for law enforcement services, as authorized by
this section, shall not reduce the normal and regular ongoing service
that the county, agency of the county, or city otherwise would
provide.
(g) Prior to contracting for ongoing services under paragraph (2)
or (3) of subdivision (a), the board of supervisors or legislative
body, as applicable, shall discuss the contract and the requirements
of this section at a duly noticed public hearing.
53069.85. The legislative body of a city, county, or district may
include or cause to be included in contracts for public projects a
provision establishing the time within which the whole or any
specified portion of the work contemplated shall be completed. The
legislative body may provide that for each day completion is delayed
beyond the specified time, the contractor shall forfeit and pay to
the agency involved a specified sum of money, which may be deducted
from any payments due or to become due to the contractor. The sum so
specified is valid as liquidated damages unless manifestly
unreasonable under the circumstances existing at the time the
contract was made. A contract for such a project may also provide for
the payment of extra compensation to the contractor, as a bonus for
completion prior to the specified time. These provisions, if used,
shall be included in the specifications upon which proposals or bids
are received, which specifications shall clearly set forth the
liquidated damages provisions.
For purposes of this section, "public project" shall include the
erection, construction, alteration, repair, or improvement of any
structure, building, road, railway, or other improvement, and the
procurement of any other goods or services that are manufactured
specifically, designed specifically, or produced specifically,
pursuant to a contract with a public agency.
53069.9. (a) Any public agency providing water for fire protection
purposes may, by ordinance or resolution, fix and collect a charge to
pay the costs of operation, installation, capital, maintenance,
repair, alteration, or replacement of facilities and equipment
related to supplying water for fire protection purposes.
Except as provided in subdivision (b), any such charge fixed
pursuant to this section, may be made on all land within the public
agency to which water is made available for fire protection purposes.
The legislative body of the agency which fixes such a charge may
establish schedules varying the charges in different localities
within the agency depending on the cost of operation, installation,
capital, maintenance, repair, alteration, or replacement of
facilities and equipment related to supplying water for fire
protection purposes. Such charges may be collected at the same time
and in the same manner as other water rates or water charges
collected by the public agency.
(b) (1) A public agency providing water for fire protection
purposes shall not charge, levy, assess, fix, or collect any charge,
tax, fee, rate, assessment, or levy of any kind whatsoever in
connection with its water system on or from any entity providing fire
protection service to others for supplying water for such fire
protection purposes within the service area of such entity providing
fire protection service or for any costs of operation, installation,
capital, maintenance, repair, alteration, or replacement of
facilities and equipment related to supplying water for such fire
protection purposes within the service area of such entity providing
fire protection service, except pursuant to a written agreement with
such entity providing fire protection service.
(2) The provisions of paragraph (1) of this subdivision shall not
restrict or limit a public agency providing water for fire protection
purposes from levying charges for water service or facilities,
including water for fire protection purposes, on any person,
property, or entity, whether public or private, other than on an
entity providing fire protection service.
Such charges shall be collected from such other persons, property,
or entities pursuant to existing provisions of law which authorize
such charges, or from an entity providing fire protection services
only pursuant to a written agreement authorizing such charges.
(c) For the purposes of this section, "entity providing fire
protection services" means a city, county, or city and county,
whether general law or chartered, or a fire company, fire protection
district, or any other person, association, company, corporation,
district, municipal corporation, or any other public or private
entity, which public or private entity or person provides fire
protection services to any other public or private entity or person.
53070. (a) No city, county, or district may enact an ordinance
prohibiting or regulating the playing of duplicate bridge. Duplicate
bridge is defined as the card game of bridge played at tournaments
conducted by bridge associations, bridge clubs or bridge studios
which do not permit wagering or gambling on the outcome of the bridge
games played in their tournaments, or otherwise, either by the rules
of said associations or the rules of the individual bridge clubs and
bridge studios.
(b) The person or persons in charge of any duplicate bridge
tournament shall post, or cause to be posted, in the place where the
tournament is conducted and in such manner as to be visible to
participants, the rule of the association, club, or studio which
prohibits wagering or gambling. Such person or persons shall permit
inspection of the rules of the association, club, or studio by law
enforcement officers and licensing officials of the county or city in
which the tournament is conducted.
53071. It is the intention of the Legislature to occupy the whole
field of regulation of the registration or licensing of commercially
manufactured firearms as encompassed by the provisions of the Penal
Code, and such provisions shall be exclusive of all local
regulations, relating to registration or licensing of commercially
manufactured firearms, by any political subdivision as defined in
Section 1721 of the Labor Code.
53071.5. By the enforcement of this section, the Legislature
occupies the whole field of regulation of the manufacture, sale, or
possession of imitation firearms, as defined in Section 12550 of the
Penal Code, and that section shall preempt and be exclusive of all
regulations relating to the manufacture, sale, or possession of
imitation firearms, including regulations governing the manufacture,
sale, or possession of BB devices and air rifles described in
subdivision (g) of Section 12001 of the Penal Code.
53071.5. By the enforcement of this section, the Legislature
occupies the whole field of regulation of the manufacture, sale, or
possession of imitation firearms, as defined in subdivision (a) of
Section 16700 of the Penal Code, and that section shall preempt and
be exclusive of all regulations relating to the manufacture, sale, or
possession of imitation firearms, including regulations governing
the manufacture, sale, or possession of BB devices and air rifles
described in Section 16250 of the Penal Code.
53072. Whenever a special district as defined in Section 56036 is
formed, the district shall reimburse the county in which all or a
portion of the district is located for the expenses incurred by the
county for calling and conducting the election establishing such
district.
53073. Notwithstanding anything in the law to the contrary, the
governing body of any public district may convey, upon such terms and
conditions as it determines to be in the public interest, any
surplus real property, together with any building thereon, owned by
the district which has been determined by the governing body to be of
general historical interest within the area of the district, to an
association or society the purpose of which is to research and
promote the area's historical heritage or to preserve property of
historical interest and which is a nonprofit corporation formed under
the laws of this state. Any such conveyance shall contain a
condition to the effect that the historical nature of the property be
restored, preserved, or both, for the benefit of the citizens of the
area, and that title will revert to the district in the event that
the association or society conveys the property in question to any
person or entity which is not a nonprofit corporation involved with
preserving and researching the history of the area.
53074. Notwithstanding any other provision of law or any local
ordinance, an officer or employee of any animal control agency shall
not seize or impound a dog for the violation of an ordinance
requiring a dog to be leashed or issue citations for the violation of
such ordinance when the dog has not strayed from and is upon private
property owned by the dog owner or the person who has a right to
control the dog, or upon private property to which the dog owner or
person who has a right to control the dog has a right of possession.
A dog that has strayed from but then returned to the private
property of his owner or the person who has a right to control the
dog shall not be seized or impounded, but in such a case a citation
may be issued; provided, however, that if in such a situation the
owner or person who has a right to control the dog is not home, the
dog may be impounded, but the officer or employee of any animal
control agency shall post a notice of such impounding on the front
door of the living unit of the owner or person who has a right to
control the dog. Such notice shall state the following: that the dog
has been impounded, where the dog is being held, the name, address,
and telephone number of the agency or person to be contacted
regarding release of the dog, and an indication of the ultimate
disposition of the dog if no action to regain it is taken within a
specified period of time by its owner or by the person who has a
right to control the dog.
This section shall not otherwise affect existing authority to
seize or impound a dog or issue citations, as a result of a dog's
being on property other than that owned by its owner or the person
who has a right to control the dog.
This section shall not be construed as prohibiting any person from
killing a dog in the situations authorized by Sections 31102, 31104,
and 31152 of the Food and Agricultural Code.
53074.5. (a) For purposes of this section, "undomesticated burro"
means a wild burro or a burro which has not been tamed or
domesticated for a period of three years after its capture and is not
protected by the federal government under the federal Wild
Free-Roaming Horses and Burros Act (Chapter 30 (commencing with
Section 1331) of Title 16 of the United States Code).
(b) At the request of the landowner, an officer or employee of a
local animal control agency may remove an undomesticated burro that
strays onto private land.
(c) An officer or employee of a local animal control agency may
remove an undomesticated burro that strays onto a public roadway to
ensure public safety.
(d) An officer or employee of a local animal control agency may
provide medical care or treatment, including, but not limited to,
euthanasia if medically appropriate, to an undomesticated burro that
is seriously ill or injured.
53075. (a) No local agency may impose a tax upon, or require a
license for, the conduct of ridesharing which uses a motor vehicle
with a seating capacity of not more than 15 persons, including the
driver, if the ridesharing purpose is incidental to another purpose
of the driver of the ridesharing vehicle.
(b) For purposes of this section:
(1) "Local agency" means a county, city, city and county,
political subdivision, district, or municipal corporation.
(2) "Ridesharing" shall have the meaning specified in Section 522
of the Vehicle Code.
53075.5. (a) Notwithstanding Chapter 8 (commencing with Section
5351) of Division 2 of the Public Utilities Code, every city or
county shall protect the public health, safety, and welfare by
adopting an ordinance or resolution in regard to taxicab
transportation service rendered in vehicles designed for carrying not
more than eight persons, excluding the driver, which is operated
within the jurisdiction of the city or county.
(b) Each city or county shall provide for, but is not limited to
providing for, the following:
(1) A policy for entry into the business of providing taxicab
transportation service. The policy shall include, but need not be
limited to, all of the following provisions:
(A) Employment, or an offer of employment, as a taxicab driver in
the jurisdiction, including compliance with all of the requirements
of the program adopted pursuant to paragraph (3), shall be a
condition of issuance of a driver's permit.
(B) The driver's permit shall become void upon termination of
employment.
(C) The driver's permit shall state the name of the employer.
(D) The employer shall notify the city or county upon termination
of employment.
(E) The driver shall return the permit to the city or county upon
termination of employment.
(2) The establishment or registration of rates for the provision
of taxicab transportation service.
(3) (A) A mandatory controlled substance and alcohol testing
certification program. The program shall include, but need not be
limited to, all of the following requirements:
(i) Drivers shall test negative for each of the controlled
substances specified in Part 40 (commencing with Section 40.1) of
Title 49 of the Code of Federal Regulations, before employment.
Drivers shall test negative for these controlled substances and for
alcohol as a condition of permit renewal or, if no periodic permit
renewals are required, at such other times as the city or county
shall designate. As used in this section, a negative test for alcohol
means an alcohol screening test showing a breath alcohol
concentration of less than 0.02 percent.
(ii) Procedures shall be substantially as in Part 40 (commencing
with Section 40.1) of Title 49 of the Code of Federal Regulations,
except that the driver shall show a valid California driver's license
at the time and place of testing, and except as provided otherwise
in this section. Requirements for rehabilitation and for
return-to-duty and followup testing and other requirements, except as
provided otherwise in this section, shall be substantially as in
Part 382 (commencing with Section 382.101) of Title 49 of the Code of
Federal Regulations.
(iii) A test in one jurisdiction shall be accepted as meeting the
same requirement in any other jurisdiction. Any negative test result
shall be accepted for one year as meeting a requirement for periodic
permit renewal testing or any other periodic testing in that
jurisdiction or any other jurisdiction, if the driver has not tested
positive subsequent to a negative result. However, an earlier
negative result shall not be accepted as meeting the pre-employment
testing requirement for any subsequent employment, or any testing
requirements under the program other than periodic testing.
(iv) In the case of a self-employed independent driver, the test
results shall be reported directly to the city or county, which shall
notify the taxicab leasing company of record, if any, of positive
results. In all other cases, the results shall be reported directly
to the employing transportation operator, who may be required to
notify the city or county of positive results.
(v) All test results are confidential and shall not be released
without the consent of the driver, except as authorized or required
by law.
(vi) Self-employed independent drivers shall be responsible for
compliance with, and shall pay all costs of, this program with regard
to themselves. Employing transportation operators shall be
responsible for compliance with, and shall pay all costs of, this
program with respect to their employees and potential employees,
except that an operator may require employees who test positive to
pay the costs of rehabilitation and of return-to-duty and followup
testing.
(vii) Upon the request of a driver applying for a permit, the city
or county shall give the driver a list of the consortia certified
pursuant to Part 382 (commencing with Section 382.101) of Title 49 of
the Code of Federal Regulations that the city or county knows offer
tests in or near the jurisdiction.
(B) No evidence derived from a positive test result pursuant to
the program shall be admissible in a criminal prosecution concerning
unlawful possession, sale or distribution of controlled substances.
(c) Each city or county may levy service charges, fees, or
assessments in an amount sufficient to pay for the costs of carrying
out an ordinance or resolution adopted in regard to taxicab
transportation services pursuant to this section.
(d) Nothing in this section prohibits a city or county from
adopting additional requirements for a taxicab to operate in its
jurisdiction.
(e) For purposes of this section, "employment" includes
self-employment as an independent driver.
53075.6. Whenever a peace officer or public officer or employee,
when authorized by ordinance and as defined in Section 836.5 of the
Penal Code, arrests any person for operating as a taxicab without a
valid taxicab certificate, license, or permit required by any
ordinance, and the offense occurred at a public airport, within 100
feet of a public airport, or within two miles of the international
border between the United States and Mexico, the officer or employee
may impound and retain possession of any vehicle used in a violation
of the ordinance.
If the vehicle is seized from a person who is not the owner of the
vehicle, the impounding authority shall immediately give notice to
the owner by first-class mail.
The vehicle shall immediately be returned to the owner without
cost to the owner if the infraction or violation is not prosecuted or
is dismissed, the owner is found not guilty of the offense, or it is
determined that the vehicle was used in violation of the ordinance
without the knowledge and consent of the owner. Otherwise, the
vehicle shall be returned to the owner upon payment of any fine
ordered by the court. After the expiration of six weeks from the
final disposition of the criminal case, the impounding authority may
deal with the vehicle as lost or abandoned property under Section
1411 of the Penal Code.
At any time, a person may make a motion in superior court for the
immediate return of a vehicle on the ground that there was no
probable cause to seize it or that there is some other good cause, as
determined by the court, for the return of the vehicle. A proceeding
under this paragraph is a limited civil case.
No officer or employee, however, shall impound any vehicle owned
or operated by a nonprofit organization exempt from taxation pursuant
to Section 501(c)(3) of the Internal Revenue Code which serves youth
or senior citizens and provides transportation incidental to its
programs or services.
53075.61. A transportation inspector, authorized by a local
government to cite any person for operating as a taxicab without a
valid taxicab certificate, license, or permit required by any
ordinance, may impound and retain possession of any vehicle used in a
violation of the ordinance.
If the vehicle is seized from a person who is not the owner of the
vehicle, the impounding authority shall immediately give notice to
the owner by first-class mail.
The vehicle shall immediately be returned to the owner without
cost to the owner if the infraction or violation is not prosecuted or
is dismissed, the owner is found not guilty of the offense, or it is
determined that the vehicle was used in violation of the ordinance
without the knowledge and consent of the owner. Otherwise, the
vehicle shall be returned to the owner upon payment of any fine
ordered by the court. After the expiration of six weeks from the
final disposition of the criminal case, the impounding authority may
deal with the vehicle as lost or abandoned property under Section
1411 of the Penal Code.
At any time, a person may make a motion in superior court for the
immediate return of a vehicle on the ground that there was no
probable cause to seize it or that there is some other good cause, as
determined by the court, for the return of the vehicle. A proceeding
under this paragraph is a limited civil case.
No officer or employee, however, shall impound any vehicle owned
or operated by a nonprofit organization exempt from taxation pursuant
to Section 501(c)(3) of the Internal Revenue Code which serves youth
or senior citizens and provides transportation incidental to its
programs or services.
53075.7. (a) Upon receipt of a complaint containing sufficient
information to warrant conducting an investigation, the local agency
shall investigate any business that advertises or operates taxicab
transportation service for hire. The local agency shall, by
ordinance, resolution, or other appropriate procedure, adopt criteria
that establishes the type of information, if contained in a
complaint, that is sufficient to warrant an investigation. Pursuant
to this investigation, the local agency shall do all of the
following:
(1) Determine which businesses, if any, are required to have in
effect a valid taxicab certificate, license, or permit as required by
ordinance, but do not have that valid authority to operate.
(2) Inform any business not having valid authority to operate that
it is in violation of law.
(3) Within 60 days of informing the business pursuant to paragraph
(2), institute civil or criminal proceedings, or both, pursuant to
the governing municipal code or other authority of jurisdiction.
(b) For purposes of this section:
(1) "Advertises" means any action described in subdivision (b) of
Section 53075.9.
(2) "Local agency" means the local entity responsible for the
regulation, including, but not limited to, the certification,
licensing, or permitting of, and enforcement of rules, regulations,
or ordinances governing, taxicabs within the local jurisdiction.
53075.8. (a) The Legislature finds and declares that advertising
and use of telephone service is essential for a taxicab
transportation service to obtain business and conduct intrastate
passenger transportation services. Unlawful advertisements by
taxicabs operating without a valid taxicab certificate, license, or
permit required by any ordinance has resulted in properly
certificated, licensed, and permitted taxicab operators competing
with these taxicabs operating without a proper taxicab certificate,
license, or permit using unfair business practices. Taxicabs
operating without a proper taxicab certificate, license, or permit
have also exposed passengers to unscrupulous persons who portray
themselves as lawful operators. Many of these taxicabs operating
without a proper taxicab certificate, license, or permit have been
found to have also been operating without insurance, or in an unsafe
manner, thereby placing their passengers at risk.
(b) (1) The Legislature further finds and declares that the
termination of telephone service utilized by taxicabs operating
without proper authority is essential to ensure the public safety and
welfare. Therefore, local agencies should take enforcement action,
as specified in this section, to disconnect telephone service of
unauthorized taxicab operators who unlawfully advertise passenger
transportation services in yellow page directories and other
publications. The enforcement actions provided for by this section
are consistent with the decision of the California Supreme Court in
Goldin v. Public Utilities Commission (1979) 23 Cal. 3d 638.
(2) For purposes of this section, a telephone corporation or
telegraph corporation, or a corporation that holds a controlling
interest in the telephone or telegraph corporation, or any business
that is a subsidiary or affiliate of the telephone or telegraph
corporation, that has the name and address of the subscriber to a
telephone number being used by a unauthorized taxicab operator shall
provide the local agency, or an authorized officer or employee of the
local agency, upon demand, and the order of a magistrate, access to
this information. A magistrate may only issue an order for the
purposes of this subdivision, if the magistrate has made the findings
required by paragraph (2) of subdivision (f).
(c) (1) In addition to any other remedies that may be available by
law, if a local agency determines that a taxicab transportation
service has operated within the local agency's jurisdiction in
violation of the local agency's ordinance adopted under Section
53075.5, the local agency may notify the taxicab operator that the
local agency intends to seek termination of the operator's telephone
service. The notice shall be sent by certified mail to the operator
at the operator's last known mailing address. If the local agency is
unable to determine the operator's mailing address, the local agency
shall post the notice for at least 10 calendar days.
(2) The notice shall contain sufficient information to identify
the taxicab transportation service, to inform the taxicab operator of
the alleged violations of